Q. A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide? (Solved)
1. Dismiss the action due to prescription;
2. Dismiss due to laches;
3. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
4. Dismiss on the ground of estoppel.
- c. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);